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PC Res 3052RESOLUTION NO. 3052 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO ALLOW A 7 1/2 FOOT SIDEYARD SETBACK ON THE NORTHERN PROPERTY LINE TO ALLOW THE REMODEL/ADDITION OF A RESIDENCE LOCATED AT 207 N. THIRD STREET IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. MICHAEL BENTON. FILE NO. M 96-07. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application M 96-07: The proposed project is consistent with the R-l-6 (single-family residential, 6,000 square foot minimum lot size) zoning district and development standards, with the approval of a modification to the side yard setback at the northern property line. The currently existing seven and one-half (7 ¥2) foot side yard setback at the northern property line will suffice as a minimum side yard setback requirement with the addition of a second story to the single family residence. 3. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. The development of the property will result in a density of 3.56 dwelling units per gross acre and is consistent with the General Plan density of less than 6 dwelling units per gross acre for this area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. That the proposed project is consistent with the City's General Plan and Zoning Ordinance. That said side yard along the northern property line will not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood or the city as a whole. Planning Commission Resolution No. 3052 M 96-07 - 207 N. Third Street Page 2 That said side yard along the northern property line will not unreasonably interfere with the ability of the adjoining property owners to enjoy access to sunlight, air privacy or quiet enjoyment of such owner's property. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. Approved Project: Approval is granted for a minor modification to a side yard setback requirement allowing a currently existing seven and one-half (7 1/2) foot side yard setback to suffice in place of a required eight and one-half (8 Y2) foot side yard setback along the northern property line for a second story addition to an existing single family residence located at 207 N. Third Street in an R-l-6 (single family residential) zoning district. A. Project Plans: Project shall substantially comply with project plans prepared by Garcia Teague Architecture and Interiors submitted on September 13, 1996. Building Division Requirements: Applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the Building Division. 3. Public Works Department Requirements: A. Pay the current storm drainage area fee which is $2,000 per acre. B. If the applicant performs any work in the public right-of-way, the applicant will be required to obtain an Encroachment permit. 4 Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). Planning Commission Resolution No. 3052 M 96-07 - 207 N. Third Street Page 3 PASSED AND ADOPTED this 22nd day of October, 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Alne, Gibbons, Jones, Keams, Lindstrom, Lowe, Meyer-Kennedy Commissioners: None Commissioners: None Commissioners: None APPROVED: ~'~~J~.~~ ~~~.~.i Mel Linds~om, Chair / ATTESTs._ /(_ - .'.', Steve ~Pias-ecki, ~S&Fetary